New Delhi: Juvenile Justice Act Saves Convicted Rapist Youth from Death Penalty

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A trial court ascertained that a youth had savagely raped a six-year-old girl and chopped her body to pieces which he dumped in two separate public toilets in August 14, 2007. Consequently, the trial court awarded the maximum penalty of a death sentence after finding him guilty of the atrocious crime. However, in November last year, the High Court released him from this harsh penalty after declaring him a juvenile. This has not augured well with a female prosecutor in the Delhi High Court. She has protested by appealing in writing to the Supreme Court to uphold the trial court ruling.

His case is currently with the Juvenile Justice board. The strictest sentence he can get from this board is a mere three years in detention for his heinous crime.

Richa Kapoor a public prosecutor, has added has voice to the fight by urging the authorities to allow the Supreme court to arbitrate on questions of the law such as raised in the Nirbhaya gang-rape case.

Kapoor sighted medical evidence’s shortcomings in evaluating the age of a suspect in the absence of registration evidence due to variance in region, race and diet among other factors. She noted that the Supreme Court should consider whether the courts have measured up to the task of judging a suspect’s character and intensity of their crimes when handing down a ruling instead of using the flimsy medical evidence.

She further retaliated that a minor who commits a well-planned crime should be held accountable and not protected under the Juvenile Law. Planning indicates criminal maturity. This is why she questions the high court’s overruling of the murderous, rapist youth’s death sentence handed down by the trial court.

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The medical evidence from the bone ossification test vaguely puts his age to have been between 17 and 20 years, at the time he committed the crime. Since the youth did not attend school, the High Court used the age estimation given by his three elder sisters and the medical report to pronounce him a juvenile.

Kapoor argues that the facts in this case portrays the youth as a seasoned killer and not an innocent child.

Source: Times of India

3 COMMENTS

  1. I am not in favor of death penalty but three years detention is way too light for such a heinous crime. This wont serve justice for the girl at all. And another thing, these criminals that are still under the juvenile age will continue to do crimes without reluctance knowing that they are protected by this law.

  2. That’s very right Riley. I think it is time to modify the laws on juvenile delinquency. It is very alarming that today the percentage of teens who commit crime is so high, so law makers should be thinking about some adjustments with the law. Maybe lowering the age would be just to like 16 or 17 because at this age, just like on this case, they can do crimes that cannot be considered done by an innocent mind.

  3. This is happening in a global scope. At 17 a person is already aware what would constitute to every action he do. Apparently at 17, a person already know what is right and wrong and what is a crime or not. This serves no justice. What he did is in no way different to what non-minor criminal do.

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